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Poster: cooperway4 Date: Jan 6, 2011 4:14pm
Forum: feature_films Subject: Re: Please remove

Treaties do not apply to U.S law. The measures have to be incorporated into U.S. law to become a law. Current law states that reinstatement of copyrights are only eligible to foreign films that have been restored and only to the restored versions (see 17 U.S.C. § 104A).

In another country that might not be the case, but it is in the United States. If you have found some other U.S. law that states otherwise, please provide a reference.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 6, 2011 4:23pm
Forum: feature_films Subject: Re: Please remove

Elegibility for copyright restoration under the Uraguay Round Agreements Act has absolutely nothing to do with the whether or not the version of the film itself is restored. Copyright does not vest seperately in different copies of a film. Copyright protects the filmic work in whichever version it is presented. You clearly do not understand how the law works.

The only references in the act to restoration are to the restoration of copyright. Copyright law has no interest in whether a copy of a film has been restored in the remastered and made look pretty sense. Even if no copies of a Gatt-restored film continued to exist the copyright was restored to protect the filmic work that would be contained in prints if they still existed.

You are on the wrong track if you are looking for a loophole.

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Poster: cooperway4 Date: Jan 6, 2011 5:33pm
Forum: feature_films Subject: Re: Please remove

17 U.S.C C92,App III, §102 (a)(1) United States law to prevail in conflict. - No provision of any of the Uruguay Round Agreements, nor the application of any such provision to any person or circumstance, that is inconsistent with any law of the United States shall have effect.

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Poster: cooperway4 Date: Jan 6, 2011 5:13pm
Forum: feature_films Subject: Re: Please remove

Well, my advice to you is, if you don't like the way the law reads, you should lobby Congress to change it.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 6, 2011 7:27pm
Forum: feature_films Subject: Re: Please remove

My advice to you is to look at the definitions in the act:

(5) The term "restored copyright" means copyright in a restored work under this section.
(6) The term "restored work" means an original work of authorship that—

(A) is protected under subsection (a);
(B) is not in the public domain in its source country through expiration of term of protection;
(C) is in the public domain in the United States due to—

(i) noncompliance with formalities imposed at any time by United States copyright law, including failure of renewal, lack of proper notice, or failure to comply with any manufacturing requirements;
(ii) lack of subject matter protection in the case of sound recordings fixed before February 15, 1972; or
(iii) lack of national eligibility;

(D) has at least one author or rightholder who was, at the time the work was created, a national or domiciliary of an eligible country, and if published, was first published in an eligible country and not published in the United States during the 30-day period following publication in such eligible country; and
(E) if the source country for the work is an eligible country solely by virtue of its adherence to the WIPO Performances and Phonograms Treaty, is a sound recording.


Nothing about the work having to be "restored" in the repaired sense. All references to a "restored work" in the act refer to a work that qualifies to have its copyright restored under that section. Nothing more. Nothing less. The definition leaves no room to read anything else into the meaning of "restored work".